RESOLUTION ENJOINING THE DENR-PENRO TO TAKE THE APPROPRIATE MEASURES TO STOP THE ILLEGAL OCCUPATION OF CERTAIN PERSONS OF MANGROVE AREAS IN BARANGAY MAASIN,QUEZON,PALAWAN

WHEREAS,R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992 section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;

WHEREAS, Section 2 thereof declares the policy of the State to protect, develop and conserve its natural resources towards which, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country; that it shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis;

WHEREAS, Section 16 of the same law provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);

WHEREAS, Sections 7 to 11 of said Act provides for the establishment of an Environmentally Critical Areas Network (ECAN), the main strategy of SEP, which is a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea;

WHEREAS, the Sangguniang Barangay of Maasin, Quezon, Palawan issued Barangay Resolution No. 2008-05, requesting the PCSD to demolish the dikes allegedly owned and operated by certain Romeo Heneran and Rolando Dejero in the same barangay;

WHEREAS, said Resolution, together with the supporting affidavits of witnesses, were filed before the PCSD Adjudication Board (PAB) for violation of PCSD Administrative Order No. 06, which required all proponents of any undertaking in Palawan to secure SEP Clearance from the PCSD prior to commencement of operations;

WHEREAS, in accordance with its rules of procedure, the PCSD Adjudication Board issued on June 18, 2008 a Demolition Order directing the PCSD Staff deputized sheriff to effect the dismantling of the dikes subject of the case. An Order of Execution of the same was subsequently issued on December 15, 2008. And on January 15, 2009, the demolition order was implemented;

WHEREAS, Barangay Maasin issued a Resolution asking for a legal opinion on how to totally eject Mr. Romeo Heneran and Mr. Rolando Dejero in the area. On April 23, 2009, during its monthly meeting and adjudication, the PAB resolved to forward the said Barangay Resolution to DENR-PENRO considering that the subject matter of the inquiry is within its mandate;

WHEREAS, said Barangay Resolution has been discussed by the Council today, on its 24th Regular Meeting, together with the DENR-PENRO and issues as to the authority of the latter on the matter has been clarified;

WHEREFORE, after a thorough deliberation, upon motion by Atty. Gerthie Mayo-Anda and duly seconded by Vice Governor David A. Ponce de Leon, BE IT RESOLVED, as it is hereby resolved, TO ENJOIN, as hereby it is enjoined, the DENR-PENRO to undertake the following measures:

1)Send DENR personnel in Bgy.Maasin, Quezon, Palawan to monitor the activities in the area;

2) Immediately demand people to vacate the area and post notices therein containing a warning that illegal entry into public lands is punishable by law;

3) To secure an appropriate Cease and Desist Order from further expansion and Demolition Order for the illegal structures from the DENR Regional Executive Director or from the Secretary;and

4) To initiate a criminal case on mangrove conversion under the Fisheries Code or Forestry Code.

RESOLVED FINALLY, that a copy of this resolution be furnished to DENR-PENNRO for appropriate action.

I hereby certify that the above-quoted Resolution has been duly approved and adopted by the PCSD on 24th day of April 2009 at Puerto Princesa City, Palawan.

ROMEO B. DORADO Secretary

APPROVED : HON. MARIO JOEL T. REYES              Chair